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NYS to Create Statewide Accessible Absentee Ballot Program After Legal Battle Settled

JOSE HERNANDEZ, A community organizer for home care workers, joins supporters at the “Faith for Fair Pay” rally on Dreiser Loop on Friday, February 25, 2022.
Photo by David Greene

A coalition of activists and advocates for people with disabilities has settled a lawsuit launched in 2020 under the Americans with Disabilities Act (ADA) against the State Board of Elections (BOE). People with disabilities are now set to avail of a new, statewide, accessible, absentee ballot program in order to vote in future elections. A federal court approved and ordered the terms of the settlement agreement, under which the State BOE will create the new program. This will allow blind and disabled voters to complete, online, a remote, accessible, vote-by-mail ballot, print it out, and return it to their respective county board of elections.

 

Groups which made up the coalition included The National Federation of the Blind of New York State, American Council of the Blind of New York, Inc., the Center for Independence of the Disabled, New York, Disability Rights New York, and several New York voters with disabilities, including Rasheta Bunting, Karen Gourgey, Keith Gurgui, and Jose Hernandez. As reported, Bronxite, Hernandez, was one of many to take part in a rally held in Co-op City to call for a wage increase for home care workers.

 

Reacting to the news, Timothy A. Clune, executive director of Disability Rights New York, said, “DRNY is pleased that the absentee voting program is now more accessible. Through this agreement, the New York State Board of Elections has made it easier for people with print disabilities to vote with greater privacy and independence.” Clune added, “All voters need access to vote in order to have their voice heard in their local, state and federal elections.”

 

Meanwhile, Mike Robinson, president of the National Federation of the Blind of New York State, said the federation supported the right of “blind, deaf-blind,” and other disabled voters to mark their ballots privately and independently so that their right to a secret ballot is protected. “We are pleased that the State of New York is taking these steps so that its blind and deaf-blind voters can exercise this constitutional right, which is fundamental to participation in our democracy,” he said.

 

In New York City, according to a 2011 report by the Center for Independence of the Disabled, New York, there were 889,219 individuals living with disabilities, 11 percent of the City’s population. At the time, this was a slightly lower percentage than in the United States as a whole, at 11.7 percent, and in New York State at 11.1 percent. The Bronx, at 13.7 percent, had the highest percentage of people living with disabilities out of all five boroughs, while Brooklyn and Queens had the highest numbers of people with disabilities living in their respective boroughs.

 

Meanwhile, according to 2020 American Community Survey data, 15.7 percent of the Bronx population had a disability. That same survey lists the population of the Bronx at just over 1.4 million people. Based on the same dataset, this percentage appears to be higher than in the other boroughs i.e. 10 percent for Brooklyn, 9.7 percent for Queens, 10.3 percent for Manhattan, and 9.9 percent for Staten Island.

This and other data, broken down by type of disability, can be viewed  here: https://data.census.gov/cedsci/ by searching for “Disability” and then filtering by county under “Geography.”

 

The plaintiffs in the lawsuit against the BOE were represented by Disability Rights New York, Disability Rights Advocates (DRA), and Brown Goldstein & Levy, LLP. According to DRA, the settled lawsuit requires BOE to choose an online remote, accessible, vote-by-mail (RAVBM) system that allows blind people and people with print disabilities to use their own computers to read and mark a ballot, using their own screen-reader software that converts the ballot content into spoken words or into Braille displayed on a connected device.

 

DRA officials added that BOE must also create a statewide portal that disabled voters can use to request an accessible absentee ballot and train each of the fifty-eight county boards of elections on the use of the RAVBM system. The county boards of elections will provide return envelopes for the ballots, just as they do for paper absentee ballots.

 

The inside oath envelope into which the ballot is to be placed must have a tactile marking indicating where it is to be signed, and BOE will instruct county boards of elections to accept a signature anywhere on the envelope. County boards will also be required to help voters who do not have their own printers to facilitate the printing of their ballots. BOE will also pay attorney’s fees and costs of $400,000.

 

The impact of the COVID-19 pandemic on elections and the related need to implement absentee voting for the majority of voters during its height, in order to maintain social distancing before a vaccine became available, prompted many residents to push to make absentee voting permanent, which it subsequently was, thanks in large part to the efforts of Assemblyman Jeffrey Dinowitz (A.D. 81), as reported.

 

Additionally, Congresswoman Alexandria Ocasio-Cortez (NY-14) highlighted during the 2020 presidential election voting season the difficulties faced by some of her constituents when attempting to vote. Many were often required to stand in line for several hours, even if using a wheelchair or walker.

 

She said at the time, “In the United States of America, where a two, three, four-hour wait is acceptable, just because it’s happening in a blue state doesn’t mean that it’s not voter suppression.” The congresswoman added that if such long wait times were evident in swing states, it would get national media coverage. “So, I don’t want us to think that just because it’s a blue state, that it isn’t a problem,” she said.

 

Indeed, in the context of voting rights, the point could be argued that parents on low incomes should never be blamed for not exercising their constitutional right to vote when potentially, due to their financial circumstances and long working hours, etc, the only way they can potentially do so is to take their kids with them, often in strollers, and stand in line for several hours at a time, irrespective of the type of weather, a situation any parent understands is far from ideal.

 

Sharon McLennon-Wier, executive director of the Center for Independence of the Disabled, New York, said the latest win for the disabled community affirmed that the right to vote was something that all people, regardless of disability status, should be able to fully exercise as their civil duty. “It will provide absentee voters access via an electronic platform for people with a myriad of disabilities, including but not limited to, visual, learning, and physical,” McLennon-Wier said. “This is a great step forward in making sure that New Yorkers with disabilities are able to successfully cast their votes.”

 

The news was also welcomed by Karen Blachowicz, president of the American Council of the Blind, New York, who said, “We’re pleased that the State will provide consistent accessible absentee voting methods and supervision of every county board, so that every blind voter in New York can be confident of an accessible absentee vote.” Meanwhile, Christina Brandt-Young, supervising attorney at Disability Rights Advocates, said, “We will continue to fight for the fundamental right of people with disabilities to vote privately and independently.”

 

The disability community, worldwide, garnered increased attention last month when the film, CODA [Children of Deaf Adults], won the Best Picture award at the Oscars ceremony in Los Angelus. The movie also picked up the award for Best Actor in a Supporting Role for Troy Kotsur’s performance.

 

The Bronx is home to the New York Institute for Special Education which was founded in 1831 as The New York Institute for the Blind. It is one of the oldest schools in America that provides education and specialized services for children with disabilities. The school relocated to the Bronx in 1924, and currently has more than 250 students from across the five boroughs and Westchester County, including over 100 students who reside in the Bronx and who attend the school’s preschool program.

 

Norwood News reported last year how over 120 preschoolers participated in the school’s annual “Trike-a-Thon,” in efforts to raise needed funding for St. Jude Children’s Research Hospital. The event, held on May 13, 2021 at Frampton Hall on Astor Avenue in Pelham Gardens, had students from the school’s ‘readiness program’ ride their tricycles through the halls of the school to raise money and awareness for the urgent work that St. Jude’s carries out each year, treating an average of 8,500 children with cancer and other life-threatening diseases.

 

As also reported, a spokesperson for Mayor Eric Adams, announced on Sunday, April 10, that the mayor had tested positive for COVID-19. On Friday, April 8, Adams had attended the “14th Annual ReelAbilities Film Festival: New York,” which promotes awareness and appreciation of the lives, stories, and artistic expressions of people with disabilities. The mayor and others, including actor Robert de Niro, were seen interacting with attendees without a mask, even though people with disabilities are at an increased risk of contracting COVID-19. Earlier in the week, on April 2, the mayor had attended the Gridiron Club dinner in Washington, DC, where about 60 people later came down with COVID-19. 

New York State, in partnership with various State counties, has established local points of contact to expand access to vaccines through an in-home vaccination program for those who are homebound due to physical limitations, cognitive impairment, other chronic conditions, a lack of transportation, and/or visual impairments, and who do not have access to supports that may help them physically go to an existing vaccination provider. Learn more here.

 

Meanwhile, in other disability news, last month, the Center for an Urban Future published a report entitled, “Access Opportunity: Expanding Economic Opportunity for New Yorkers with Disabilities.” The report can be read here.

 

INCLUDEnyc is a New York based organization serving young people with any disability or suspected disability from birth to 26, their families, and professionals who work with them. For help with special education and disability questions, INCLUDEnyc has a Help Line in English, Spanish, and interpretation in over 200 languages, workshops, and hundreds of free resources: www.includenyc.org or www.incluyenyc.org.

 

 

 

Welcome to the Norwood News, a bi-weekly community newspaper that primarily serves the northwest Bronx communities of Norwood, Bedford Park, Fordham and University Heights. Through our Breaking Bronx blog, we focus on news and information for those neighborhoods, but aim to cover as much Bronx-related news as possible. Founded in 1988 by Mosholu Preservation Corporation, a not-for-profit affiliate of Montefiore Medical Center, the Norwood News began as a monthly and grew to a bi-weekly in 1994. In September 2003 the paper expanded to cover University Heights and now covers all the neighborhoods of Community District 7. The Norwood News exists to foster communication among citizens and organizations and to be a tool for neighborhood development efforts. The Norwood News runs the Bronx Youth Journalism Heard, a journalism training program for Bronx high school students. As you navigate this website, please let us know if you discover any glitches or if you have any suggestions. We’d love to hear from you. You can send e-mails to norwoodnews@norwoodnews.org or call us anytime (718) 324-4998.

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